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35.—(1) Where, on or after the relevant date, an appropriate PCT is determining what (if any) action to take pursuant to regulation 8 in accordance with provision made in this Part, it shall make such a determination in accordance with such limitation and modifications to that regulation as are specified in this article.
(2) The appropriate PCT may—
(a)pursuant to regulation 8(1)(c)(i), determine that no further action should be taken;
(b)pursuant to regulation 8(5)(a), determine that an amount shall be recovered from the dentist;
(c)pursuant to regulation 8(5)(b), determine that it would have determined that the dentist should be required to submit estimates for the prior approval of the Board in respect of such treatment and during such period as the appropriate PCT specifies; or
(d)pursuant to regulation 8(5)(c), determine that it would have warned the dentist to comply more closely with his terms of service in future, if those terms of service were still applicable,
and if it makes any one or more of the decisions specified in sub-paragraphs (b) to (d), it shall, after the period specified in regulation 8(11)(a) or (b) (as applicable) has expired, notify in writing the contracting PCT and the Performers List PCT (if any) of its decision and the reasons for it, if either one is a different Primary Care Trust to the appropriate PCT.
(3) Where, pursuant to paragraph (2)(b), the appropriate PCT determines that an amount should be recovered from the dentist, regulation 8(9) shall not apply and that amount shall be recoverable by the appropriate PCT and it shall be treated as a debt owed by that dentist to the appropriate PCT.
(4) Where the appropriate PCT has notified the contracting PCT that it has made any of the determinations specified in paragraph (2)(b) to (2)(d), or where the appropriate PCT is the contracting PCT, paragraph (5) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general dental services contract or personal dental services agreement.
(5) Where this paragraph applies, the contracting PCT—
(a)may, in relation to a relevant contractor, take into account the determination of the appropriate PCT if it is considering, pursuant to a term of the general dental services contract that gives effect to paragraph 73(7) of Schedule 3 to the GDS Contracts Regulations or the personal dental services agreement that gives effect to paragraph 71(7) of Schedule 3 to the PDS Agreements Regulations, whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract or agreement to continue would be prejudicial to the efficiency of the services provided under that contract or agreement; but
(b)shall not, pursuant to sub-paragraph (a), take into account any determination of an appropriate PCT that was made more than 6 years prior to the date upon which the contracting PCT is considering terminating the general dental services contract or personal dental services agreement.
(a)a Performers List PCT has received notification from an appropriate PCT pursuant to paragraph (2); or
(b)where an appropriate PCT that has taken a decision pursuant to paragraph (2) is also the Performers List PCT,
it shall consider what (if any) action it should take in respect of that dentist pursuant to its powers under the Performers Lists Regulations.
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